Daniel Devanesan v. State Rep By
T.V.THAMILSELVI,J.
Today this matter was listed under the caption 'for reporting compliance'.
2. Earlier, on 11.01.2023, this Court, granted interim anticipatory bail to the petitioner till 16.02.2023 and directed the petitioner to deposit a sum of Rs.2,00,000/- to the credit of Crime No.746 of 2022 before the concerned Magistrate within a period of two weeks from the date of receipt of a copy of the order and shall produce the said receipt before the Court below and on such deposit, the defacto complainant is permitted to withdraw the same.
3. When the matter was taken up today, the learned counsel for the petitioner submitted that the petitioner had deposited the said amount and also submitted the Demand Draft xerox copy for a sum of Rs.2,00,000/- before this Court. Hence, he prays for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.Side) also submitted that the petitioner has complied with the conditions imposed by this Court on 11.01.2023.
5. In view of the above submissions made by either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 1/4
6.Accordingly, the interim anticipatory bail granted to the petitioner on 11.01.2023 is made absolute and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent Police on every Saturday at 10.30 a.m., for a period of six weeks;
[c] the petitioner is directed to submit the original Demand Draft for a sum of Rs.2,00,000/- before the Court below within one week from the date of receipt of a copy of this order [d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] the petitioners shall not abscond either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take 2/4
appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
28.02.2023 jai 3/4
T.V.THAMILSELVI,J.
jai 28.02.2023 4/4